Doc.  No.  6.]  [Ses.  1863. 

Ordered  to  oe  Printed. 

W.  W.  Holder),  Printer  to  the  State. 


GOVERNOR'S  MESSAGE. 

To  Hie  Honorable, 

The  General  Assembly  of  North-Carolina : 

The  rapidity  and  importance  of  the  passing  events  render 
your  frequent  assembling  both  necessary  and  appropriate. 
Various  matters,  demand  legislative  action,  and  will,  I  hope, 
receive  your  speedy  consideration. 

By  the  call  of  the  President  for  all  men  under  the  age  of 
forty-five  years — beyond  which,  none  were  subject  to  militia 
duty —  and  the  exemption  act  of  your  late  session  the  militia 
of  the  State  was  virtually  absorbed.  In  lieu  thereof  you 
created  a  "  Guard  for  Home  Defence,"  embracing  all  men 
not  subject  to  conscription  from  eighteen  to  fifty  years  of  age. 
Only  aN  very  few  persons  were  exempted,  and  power  was 
given  to  the  Governor  to  excuse  others  at  his  discretion.  I 
found  that  by  refusing  to  exercise  this  discretion,  and  by  exe- 
cuting the  law  strictly,  I  would  seriously  interfere  with  many 
of  the  most  vital  industrial  pursuits  of  the  country ;  and  yet 
it  has  appeared  evident  to  me  that  your  intention  was  only 
to  give  me, the  power  to  grant  exemptions  in  particular  cases 
of  necessity  or  great  hardship,  and  not  to  excuse  whole 
classes  of  the  community.  I  therefore  respectfully  recom- 
mend that  the  list  of  exemptions  be  extended  to  such  classes 
as  may  appear  to  you  to  be  indispensable. 

Doubts  have  arisen  as  to  whether  it  was  your  intention  to 
permit  the  Guard  for  Home  Defence  to  be  used  for  the  pur- 
pose of  arresting  deserters  from  the  army,  and  aiding  in  the 
execution  of  the  conscript  law ;  and  one  of  our  Judges  has 


9  Document  No.  1.  [Session 

decided  that  the  Executive  has  not  the  power  to  use  them  lor 
this  purpose.  I  would  therefore  recommend  that  the  act  or- 
ganizing the  Guard  be  amended,  so  as  to  invest  the  Governor 
with  the  same  power  over  this  recent  organization  as  was 
given  him  over  the  militia,  and  so  that  there  may  be  no 
doubt  as  to  the  rightful  powers  of  the  Executive. 

In  this  connection,  I  also  beg  leave  to  remark  that  I  am 
frequently  embarrassed  by  cases  ot  apparent  conflict  between 
the  Executive  and  Judicial  Departments  of  the  State,  from 
which  nothing  less  than  an  authoritative  decision  of  the  Su- 
preme Court  can  relieve  me.  As  that  body  sits  but  once  a 
year — time  being  now  often  of  the  greatest  moment — it  hap- 
pens that  many  important  questions,  principally  concerning 
the  liability  of  parties  to  render  military  service,  remain  long 
undecided,  the  public  service  in  consequence  suffers,  and  the 
Executive  is  at  a  loss  to  know  what  is  his  duty  and  the  law. 
I  recommend,  therefore,  that,  in  such  special  cases,  the  Gov- 
ernor and  Council,  or  the  Chief  Justice,  upon  the  request  of 
the  Governor,  be  authorized  to  convene  the  Supreme  Court, 
in  extra  session,  in  order  to  obtain  from  our  highest  judicial 
tribunal,  a  speedy  solution  of  doubtful  questions,  and  to  give 
uniformity  to  the  decisions  of  the  Judges. 

I  also  recommend,  gentlemen,  most  earnestly,  the  restora- 
tion of  the  Spring  Term  of  the  Superior  Courts.  After  care- 
ful observation  for  the  past  twelve  months,  I  am  fully  con- 
vinced that  the  good  of  society  positively  demands  this — that 
the  abolition  of  this  term  has  been  productive  of  evil — and 
that  greater  evil  still  will  result  it  it  is  not  restored.  "When 
increasing  crime,  and  a  growing  disregard  of  law  are  rife, 
and  at  a  time  when  the  virtuous  and  the  wise  are  everywhere 
fearful  that  law  and  order  are  in  danger  of  overthrow,  that 
we  should  remove  the  law  further  from  the  people,  sounds 
strangely.     It  should  not  be  ! 

But  to  restore  the  courts  will  involve  the  necessitity  of  in- 
creasing the  salary  of  the  Judges.  It  is  notoriously  so  inade- 
quate now,  that  I  presume  no  one  can  object  to  its  increase. 
This  may  be  effected  by  taxing  suitors,  <fec,  without  increas- 
ing perceptibly  the  burthens  of  the  people. 


1863.]  Document  No.  1.  3 

Your  attention  is  also  invited  to  so  much  of  the  legislation 
of  Congress  as  provides  for  the  disposal  by  sequestration,  &c., 
of  real  estate  in  North-Carolina.     Very  serious  doubts  are 
widely  entertained  as  to  the  power  of  Congress  to  dispose  of 
lands  lying  within  the  limits  qt  this  State.     It  need  not  bo 
denied  that  the  power  to  declare  war  confers  upon  the  Con- 
federate government  the  right  of  declaring  lands  held  by 
alien  enemies  to   be  vacant.     It   is   thought,  however,  that 
upon  Buclivacancylthe  right  of  the  State,  as  original  grantor, 
or  representative  of  such  grantor,  necessarily  intervenes — a 
breach  of  the  condition  annexed  to  such  grant  having  oc- 
curred.    Yery  high  authorities  consider  that  it  is  not  compe- 
tent for  Congress  to  control  the  direction  in  which  land  lying 
within  North-Carolina  shall  go,  in  case  a  vacancy  occur,  from 
any  cause.     The  importance  of  this  question  cannot  well  be 
exaggerated.     Considerations  as  to  the  person  in  whom  is 
vested  the  ultimate  right  to  the  soil  are  of  vital  importance 
in  every  society.     It  is  plain  that  grave  contests  between  the 
States  and  the  Confederate  States  will  turn  upon  this  point ; 
and  that  the  whole  theory  of  the  relations  of  the   two  gov- 
ernments.is  to  be   greatly  affected  by  its  decision.     Whilst 
1  do  not  suppose  that  any  action  on  your  part  can  settle  di- 
rectly this  question,  I  submit  whether  some  proceedings  may 
not  be  set  on  foot,  by  which  it  shall  reach  an  early  solution. 
It  is  important,  upon  all  accounts,  that  it  shall  be  settled  ; 
and  it  will  tend  to  the  suppression  of  litigation,  and  the  qui- 
eting of  valuable  titles,  that  it  be  settled  early. 

Mr.  Wiley,  the  energetic  and  faithful  Superintendent  of 
Common  Schools  again  comes  forward,  through  the  Literary 
Board,  with  an  important  recommendation  for  the  establish- 
ment of  a  system  of  graded  schools :  one  or  more  in  each 
county,  of  which  one-half  the  expenses  are  to  be  defrayed  from 
the  Literary  Fund,  the  other  by  the  county.  The  plan  is  set 
forth  in  a  bill  submitted  to  and  approved  by  the  Literary 
Board,  and  sent  in  to  the  Committee  on  Education.  The  idea 
meets  my  hearty  approbation ;  and  in  urging  it  upon  your 
favorable  notice,  I  hope  you  will  consider  me  neither  imprae- 


4  Document  No.  1.  [Session5 

ticable  nor  untimely.  It  is,  in  fact,  a  favorable  time  to  act  in 
this  matter.  It  is  exceedingly  important  to  make  every  pos- 
sible arrangement  for  the  future  [support  and  comfort  of  our 
mutilated  and  disabled  soldiers,  and  their  children.  By  quali- 
fying them  for  teachers,  which  cannot  be  done  in  schools  of 
no  higher  grade  than  our  Common  Schools,  many  can  be 
provided  for.  In  the  great  plenteousness  of  money,  the 
counties  and  individuals  will  now  give  liberally  for  such  a 
noble  object. 

Lastly,  it  is  not  immodest  for  us  to  claim  that  North-Caro- 
lina occupies  a  high  position  among  her  sisters  in  regard  to  pub- 
lic education ;  and  by  exerting  ourselves  now,  that  position  may 
be  so  improved  and  raised  as  to  enable  our  educated  men  and 
industrious  publishers  to  exercise  no  little  influence  in  the 
formation,  in  happier  times,  of  Southern  sentiment — a  means 
of  power  at  once  enduring  and  glorious.  By  the  judicious 
management  of  the  Fund,  in  consequence  of  the  greatly  in- 
creased value  of  its  securities,  the  Board  hopes  to  so  add  to 
it,  that  no  decrease  in  the  semi-annual  distributions  shall 
occur. 

Some  action  ia  also  required  on  your  part  to  protect  the 
Fund  against  the  course  now  pursued  by  the  holders  of  drafts 
upon  it  in  the  various  counties  in  refusing  to  present  them 
for  payment — the  intention  of  course  being  to  demand  a  dif- 
ferent currency  from  that  which  the  Treasurer  now  receives 
and  pays  out.  The  duties  and  responsibilities  of  the  Treas- 
urer of  the  Fund  should  also  be  more  fully  defined,  and  set 
forth  with  greater  particularity. 

The  very  important  subject  of  feeding  the  poor,  whose 
supporters  and  protectors  are  in  the  army,  again  demands  our 
attention.  The  results  of  the  past  year's  operations  are  most 
encouraging,  and  should  serve  to  give  our  people  confidence 
in  the  resources  of  their  State.  Great  anxiety  was  felt  last 
Fall,  as  you  know,  on  the  subject  of  food,  and  fears  were 
entertained  that  suffering,  if  not  actual  starvation,  would  be 
witnessed  in  many  quarters.  Under  the  authority  conferred 
upon  me  by  your  body,  I  purchased  and  stored  away  about 


1S63J  1)oci;mknt  No.  1.  5> 

50,000  bushels  of  corn,  250,000  pounds  of  bacon,  a  quantity 
of  rice,  &c,  which  I  expected  would,  go  but  little  way  in 
supplying  the  general  wants.  When  the  season  closed  and 
the  new  crop  cafrrre  in,  however,  to  my  surprise  and  gratiii- 
cotion,  I  found  that  Major  Hogg,  Commissary  of  Subsistence, 
had  only  issued  to  the  County  Commissioners  about  one-third 
of  the  bacon,  less  than  one-half  the  corn,  and  but  very  little 
of  the  rice.  lie  reports  still  on  hand  some  70,000  pounds  of 
"bacon,  having  fed  a  number  of  negroes  engaged  on  the  public 
works,  and  sold  to  the  army  100,000  pounds,  with  20,000 
bushels  of  corn.  I  have  reason  to  believe  that,  from  various 
causes,  the  crops  this  year  have  not  been  so  abundant  as 
usual,  and  that  the  public  will  be  called  on  to  do  more  than 
last  season.  But  stiU  I  see  no  cause  for  alarm,  and  my  last 
year's  experience  has  encouraged  me  to  believe  that  all  call 
be  fed  from  our  own  resources  by  proper  prudence  and.  economy. 
I  respectfully  recommend  a  liberal  appropriation  among  the 
several  counties,  according  to  population,  for  this  purpose,  at 
least  double  that  of  last  year,  and  that  I  be  allowed  to  buy  and' 
store  away  corn,  flour  and.  bacon  as  heretofore. 

The  earnings  of  the  steamer  Advance,  which  has  been? 
employed  in  running  the  blockade,  may  be  applied  to  this7 
purpose,  as  they  cannot  be  made  to  meet  our  debt  abroad. 
They  will  be  amply  sufficient  without  taxing  the  people  a 
dollar.  The  method  of  distributing  these  articles  of  food,  the 
duties  of  the  sub-agents  and  the  proper  recipients  should  be" 
more  definitely  set  forth ;  and  provision  should  be  made 
for  those  families  of  soldiers  who,  according  to  present 
arrangements  forfeit  their  claim  to  assistance  by  removing 
from  one  county  to  another,  which  is  frequently  almost 
unavoidable. 

Reports  are  submitted  herewith  of  the  operations  of  the' 
Ordnance,  Subsistence,  and  Quartermaster's  Departments, 
which  I  trust  you  will  find  satisfactory.  The  enterprise  of 
running  the  blockade  and  importing  army  supplies  from 
abroad  has  proven  a  most  complete  success.  You  will  see' 
from  the  report  that  large  quantities  of  clothing,  leather  and 


(»  1)ocument  No.  1.  [Session 

sltbcsSj  lubricating  oils,  factory  findings,  sheet-iron  and  tin< 
arms  and  ammunition,  medicines,  dye-stuffs,  blankets,  cotton- 
bagging  and  rope,  spirits,  coffee,  &c,  have  been  safely 
brought  in,  besides  considerable  freight  for  the  Confederacy. 
Two  thousand  and  ten  bales  of  cotton  have  been  sent  to  Liv- 
erpool, the  proceeds  of  which  are  deposited  to  the  credit  of  the 
State,  less  the  amount  of  expenses  of  the  vessel.  With  what 
we  have  imported  and  the  purchases  in  our  home  markets,  I 
think  I  can  safely  say  that  the  North-Carolina  troops  will  be 
comfortably  clothed  to  January,  1865,  should  God,  in  His  Prov- 
idence, so  long  see  fit  to  afflict  us  with  a  continuance  of  the  war, 
except  as  to  shoes  and  blankets.  Neither  the  Ordnance  nor 
Quartermaster's  Department  placed  too  much  reliance  on  for- 
eign importations,  but  every  effort  has  been  made  to  stimulate 
home  production.  Both  the  quality  Fand  quantity  of  arras 
and  munitions  manufactured  have  been  improved  in  the  past 
twelve  months.  ^After  the  fall  of  Yicksburg  cut  us  off  from 
the  wool  of  Texas,  every  exertion  has  been  made  to  secure 
for  the  State  the  small  lots  in  ihe  hands  of  our  farmers,  and 
with  such  success  as  to  keep  our  mills  all  running,  and  here  I 
would  beg  your  assistance  in  the  protection  and  growth  of 
sheep,  by  such  enactments  as  will  best  tend  to  promote  the 
object.  Certainly  there  is  no  branch  of  farming  industry  of 
greater  importance  now,  nor  one  to  which  a  more  beneficial 
stimulus  can  be  applied  by  judicious  legislation.  Our  mid- 
land and  western  hills  are  admirably  adapted  to  sheep  culture, 
and  could  we  once  get  it  started  under  such  auspices  as  are 
now  presented,  it  would  grow  into  an  important  element  of 
wealth  and  national  strength.  I  am  unable,  at  present,  to 
furnish  you  with  a  statement  of  our  indebtedness,  purchases, 
&c,  in  Europe,  not  having  received  as  yet  the  necessary  in- 
formation from  our  agent. 

1  herewith  send  you  a  communication  from  a  committee 
of  the  Legislature  of  Virginia,  in  relation  to  the  currency. 
This  important  subject,  upon  which  so  greatly  depends  the 
successful  prosecution  of  the  war  for  our  independence,  I 
commend  to  your  wisest  deliberations.    Although  the  remedy 


1863.]  Dootmknt  No.    1.  7 

for  its  great  depreciation  lies  with  the  Confederate  Congress, 
rather  than  with  your  bod}r,  yet  there  might  be  ihuch  done 
by  the  State  in  aid  of  the  efforts  of  Congress.  I  confess  ray 
inability  to  suggest  any  remedy  for  redundant  paper  issues, 
other  than  to  take  them  up  by  loans  and  taxation  and  by  the 
exhibition  of  the  most  rigid  good  faith  in  regard  to  their 
redemption.  With  nations  as  with  individuals,  this  often 
constitutes  capital.  The  poor  should  be  especially  cautious 
to  preserve  it. 

I  have  to  thank  you,  gentlemen,  for  the  cordial  and  con- 
fiding support  which  I  have  heretofore  received  at  your 
hands,  and  to  earnestly  ask  its  continuance.  Surely  no  Exec" 
ative  can  boast  of  more  zealous  and  warmer  co-operation  of  a 
co-ordinate  branch  of  government  than  I  have  experienced 
from  your  body.  I  shall  need  your  sustaining  arm  still  more 
in  the  future.  The  most  dangerous  crisis  of  the  war  is  upon 
us,  that  crisis  which  is  incident  to  all  revolutions,  and  which 
is  most  difficult  for  public  officers  to  surmount.  The  novelty, 
confusion  and  enthusiasm  which  filled  our  armies  and  exhil-. 
arated  our  people,  having  long  since  passed  away,  the  win- 
noning-fan  of  want  and  privation  and  suffering  begins  to 
separate  the  particles.  The  noisy  are  silent — the  faint  of  heart 
begin  to  despair,  and  the  disloyal,  though  few,  to  grow  bold  in 
the  presence  of  national  ills.  The  restless  and  the  discon- 
tented strive  of  course  to  imbue  all  others  with  their  own 
gloomy  forebodings.  The  great  mass,  thank  God,  continue 
hopeful  and  earnest.  Let  us  all  labor  with  one  accord  to 
sustain  the  nation's  hope,  and  to  show  that  we  are  worthy  of 
independence,  by  being  willing  to  pay  for  it  the  price  which 
every  people  has  had  to  pay  since  Liberty  was  known  among 
the  sons  of  men — suffering  and  sacrifice.  The  hope,  which 
animated  many  of  our  people,  that  our  enemy  was  coming 
to  the  sober  second  thought,  and  that  many  of  them  were 
favorable  to  pacific  overtures,  has  been  dashed  to  the  ground, 
and  the  originators  of  that  hope  at  the  North  are  trampled 
under  the  feet  of  reckless  and  blood-thirsty  majorities.—* 
So  far  from  treating  with  us  on  the'basisof  our  independence. 


§j  .    Document  No.  1.  [Ses.  1S€3. 

.or  even  of  reconstruction,  the.  arrogant  people  of  the  North 
are  tauntingly  proclaiming  on  the  hustings  that  no  peace  can 
be  made  with  us — no  peace  talked  of  till  the  last  rebel  has 
Jaid  down  his  arms  !  An  insulted  and  outraged  people  will 
yet  make  them  regret  this  haughty  language  which  wrongs 
humanity  and  outrages  civilization.  The  lion  which  has 
crouched  in  their  path  to  Southern  conquest  for  near  three 
years,  is  still  there,  and  though  driven  back  a  little,  he  has 
grown  more  watchful,  and  will  fight  more  fiercely  as  he 
approaches  his  lair.  We  know  at  last  precisely  what  we 
►would  get  by  submission,  and  therein  has  our  enemy  done  us 
good  service — abolition  of  slavery,  confiscation  of  property 
and  territorial  vassalage!  These  are  the  terms  to  win.  us 
back.  Now,  when  our  brothers  bleed  and  mothers  and  little 
ones  cry  for  bread,  we  can  point  them  back  to  the  brick-kilns 
of  Egypt — thanks  to  Mr.  Seward  ! — plainly,  and  show  them 
the  beautiful  clusters  of  Eschol,  which  grow  in  the  land  of 
Independence,  whither  we  go  to  possess  them.  And  we  can 
remind  them,  too,  how  the  pillar  of  fire  and  the  cloud,  the 
vouchsafed  guidon  of  Jehovah,  went  ever  before  the  hunger- 
ing multitude,  leading  away,  with  apparent  cruelty,  from  the 
fullness  of  servitude.  With  such  a  prospect  before  them,  our 
people  will,  as  heretofore,  come  firmly  up  to  the  full  measure 
of  their  duty,  if  their  trusted  servants  do  not  fail  them  ;  they 
will  not  crucify  afresh  their  own  sons  slain  in  their  behalf,  or 
put  their  gallant  shades  to  open  shame,  by  stopping  short  of 
full  and  complete  national  independence. 

Z.  B.  VANCE. 
Executive  Chamber,  November  23d,  1863. 


